Accident involving Drinking

[nervousinindy]

Hi, here's my situation. Almost 2 weeks ago I was in an auto accident where I was taken to the hospital an officer from another county showed up (county the accident was in) and read me my miranda rights and wouldn't allow medical personal to tend to my wounds until I agreed to give him my blood for a test. I refused 2x and asked for my lawyer, and when he asked the 3rd time i agreed in order for the hospital staff to tend my wounds. I was lucky, but still have sore ribs my right shoulder etc. Anyway i'm wondering if this officer violated my rights. I'm in Indiana, I've been searching for information about how long the state has to bring a case against me. I don't want to say to much but there may have been another person in the automobile who left the scene. No witness or officer saw this other person. If i mention them would I have to tell who they were? About 2-3 hours passed from accident to hospital also, but i'm pretty sure the state was under the 3 hour rule on collection of my blood that Indiana has. Anyway any thoughts or help would be great. In my mind the officer did 2 things wrong 1. by mirandizing me didn't he in effect arrest me? 2. isn't it illegal for him to block medical treatment until he get what he wants? Again so far no charges and almost 2 weeks later but i'm biting nails here worried. This will be 3x OVWI within indiana's 5 year making me hibitual and all a felon.

[Mr. Knowitall]

It appears to be without question that you were under arrest. Whether or not the officer violated your civil rights depends upon a number of things, including your medical condition. Given that you apparently were intoxicated when you caused the accident, and that you apparently believe that your blood test will show intoxication, you should hire a criminal defense lawyer with expertise in drunk driving matters to assist you.

[nervousinindy]

At the time the officer arrived at the hospital I still had not been looked at by hospital staff just stabilized by the ambulance. They still hadn't cut off my clothes yet. I was on a back board and in a neckbrace complaining of pain in my back neck and right arm. This was while the officer was questioning me. So just by mirandizing me he in effect did arrest me? Does that mean then that the state had 48-72 hours to file charges even though technically i wasn't detained in a jail? I did talk to a lawyer who basically said " you have some very good issues if charged". But i'm more worried about If I should expect charges or not. Oh, and the hospital staff was moved to the foot of my hospital bed by the officer in uniform I might also mention that according to the uniformed officer 2 other officers in street clothes were on scene, but they made no statements and spoke to no one. As it happens I graduated high school with some of the hospital staff and they said that the officers behavior was abnormal.

[nervousinindy]

almost forgot the reason the officer even came to the hospital was a call from the ambulance driver who stated "a smell of beer on patients breath".

[aaron]

As it happens I graduated high school with some of the hospital staff and they said that the officers behavior was abnormal.

Was another car involved in the accident? If so, were there injuries to the other driver/passngers? How severe were the injuries? Short answer: If the officers thought you were a drunk driver who caused injury to one or more innocent people, their feelings might be reflected in their conduct.

[nervousinindy]

No other automobiles and as far as the police know no other persons involved. Also no property damage except to my jeep. Does their feelings or beliefs give an officer to modify their professional conduct? Seems to me that Police, Judges, DA's etc above most other persons need to be able to distance themselves from investigations and prosecutions. When and if they are unable to do that they need to recuse themselves from the situation.